Legal Opinion

O'BOyle Tank Lines, Inc., F/d/b/a M & M Tank Lines, Inc. v. Milton Beckham, D/B/A Milton Beckham Company

Court of Appeals for the Fifth Circuit

Decided May 1, 1980No. 79-3853PublishedCited by 11 opinions

1Opinion of the Court

AINSWORTH, Circuit Judge:

Plaintiff-appellant O’Boyle Tank Lines, Inc. (O’Boyle) appeals from a summary judgment in favor of defendant-appellee Coffee Construction Company (Coffee) in a suit in which O’Boyle seeks to collect freight charges allegedly due it from Coffee. Because we find there are disputed issues of material fact, we reverse and remand for a trial on the merits.

In late 1975 and early 1976, M & M Tank Lines, Inc. (M & M), a motor carrier and O’Boyle’s predecessor in interest, transported fifty tank truck shipments of asphalt from American Oil Company’s (Amoco) refinery in…

2Cases cited7 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
  3. States Marine International, Inc. v. Seattle-First National BankCourt of Appeals for the First Circuit · 1975
  4. Sune Lyxell v. John B. VautrinCourt of Appeals for the Fifth Circuit · 1979
  5. Northwestern Pacific Railroad Company v. Burchwell Company, Inc.Court of Appeals for the Fifth Circuit · 1965

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Wayne Ernest Barker v. Ben Norman and Jack BallasCourt of Appeals for the Fifth Circuit · 1981
  2. Ralph A. Walters v. City of Ocean Springs and Kevin AlvesCourt of Appeals for the Fifth Circuit · 1980
  3. David D. Daly, M.D., ph.d. v. Charles C. Sprague, M.D.Court of Appeals for the Fifth Circuit · 1982
  4. Inman Freight Systems, Inc. And Jim S. Green, Trustee, Cross-Appellants v. Olin Corporation, Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1986
  5. Shirlene Anderson v. William Forrest Winter, Etc.Court of Appeals for the Fifth Circuit · 1980

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API